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2000-057-RES AMENDING RESOLUTION NO. 90-089 RESOLUTION NO. 2000-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING RESOLUTION NO. 90-089 TO DEFINE THE TERMS "RETIRED" AND "RETIREMENT"; TO PROVIDE A MANNER OF APPEAL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 15th day of October, 1990, adopt Resolution No, 90-089; and, WHEREAS, Resolution No, 90-089 makes reference to the retirement of City of Paris employees; and, WHEREAS, !he Ci1y Council deems il appropriate to establish a clear definition ofthe terms "relired" and "retiremenl" as used in Resolution No, 90-089, to provide a manner of appeal, and to provide an effective date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That lhe findings set out in the preamble to lhis resolution are hereby in all things approved, Section 2. That Resolution No, 90-089 is amended to include the definition of "retired" and "retirement" as set forth herein: "An employee ofthe City of Paris eligible for retirement from lhe Firemens' Pension Fund is "retired" and the employee's "retirement" shall begin on the first day of the monlh following the date the employee separates from employment with the City, so long as the employee has met the following conditions: (A) The employee has reached the age of fifty-five (55) years; and (B) The employee has completed twenty (20) years of creditable service with the Ci1y of Paris or any other municipality for which service with said municipali1y provides credit towards retirement from the Firemens' Pension Fund; and (C) The employee has begun receiving retirement payments from lhe Firemens' Pension Fund. For an employee of the City of Paris not qualified for retirement form the Firemens' Pension Fund, but qualified for relirement from the City's relirement system, said employee is "retired" and the employee's "relirement" shall begin on the first day of the monlh following lhe dale the employee separates from employment with the City, so long as the employee has met the following conditions after one (1) year from the effective date of membership in the City's retirement system: (A) The employee has begun receiving payments from the City's relirement system; and (B) The employee has reached the age of sixty (60) years and has compleled at least ten (10) full years of creditable service with the City of Paris or other municipalities participating in the same retirement system wilh the City of Paris; or (C) The employee has completed twenty (20) years of creditable service with the City of Paris; or (D) The employee has become eligible for service retirement under any olher applicable provision of Title Il0B, Section 61,00 I et seq" of the Revised Civil Slatutes," Section 2. The Director of Finance of the City of Paris (hereinafter "Director") shall determine how the definition should be interpreled in the event of any ambiguity, uncertainty, or disagreement Any person who wishes to appeal the determination made by the Director may make written appeal to the City Manager of lhe Direclor's decision within thirty (30) days. The City Manager shall decide wilhin a reasonable time following the receipl of the appeal whether to affirm, reverse, or modifY the Director's decision, Any person who wishes to appeallhe City Manager's decision may make written appeal to the City Council within thirty (30) days ofthe City Manager's decision, The City Council shall decide whether to affirm, reverse, or modifY the City Manager's decision. The City Council's decision shall be final, and no appeals shall be permi1ted to any court unless required by law, Section 3. That this resolution shall be effective from and after its date of passage and shall apply to all current and future employees of the City of Paris. PASSED AND APPROVED this 10th day of April, 2000, ATTEST: Mat1ie Cunningham, City Clerk APPROVED AS TO FORM: